The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-09-02
THE BAY STREET DEAL.
THE CITY's COMPROMISE, AND
WHAT LED TO IT.

A Statement of the Claims OF Goth
Sides to the Property Lying West OF
the City Exchsnge--W!l the Case
Has Gone to the Legislature.
The bill now pending before the Iegis)a-
ture regarding the compromise made by
the CITY and the claimants of that part Of
BAY street, or as it was formerly called the
Strand, lying between the City Exchange
and Whitaker street, is the subject of good
deal of inquiry, and many people have
asked to know on what ground Wilcox,
Gibbs & Co. and the Waldburg estate claim
property that has always been
looked upon as part OF
the public domain The compromise
has awakened good deal of opposition, and
a number of the Bay street property owners
have sent memorial to the Legislature ask
ing that the compromise should not be con
firmed Representatives of both sides
will urge their respective claims
before the Assembly, and there is every
prospect of warm contest before the blil IS
finally disposed of. The facts upon which
the opposing claims rest are few and simple,
but as it would require the decision of
court to settle the rights in the case the APP
peal to the Legislature has been taken'
Several wears ago the claimants closed up
Factors Walk upon which their buildings
front The city thought that in so doing the
claimants had encroached upon the public
domain, so Mayor Lester instructed City
Marshal Wade to remove the distractions.
To prevent this the claimants obtained from
the court temporary injunction and filed
bill setting up claim to the property be-
tween their acknowledged side lines, and
extending as far south as the north line OF
Bay street. The bill states that their deeds
to the property bound the lots on the south
by the north line of Bay street, and that
these deeds give them the title TO the prop
erty in dispute.
The CITY filed an answer, in which it
states that when the city of Savannah was
first laid out the Strand was set apart as
public property and has remained so ever
since; it claims that the buildings now
standing upon the claimants Acknowledged
property front on their south line and that
between the front of those buildings and
the north line of Bay street is the property
of the city 1t further asserts that no deed
or conveyance can rightfully carry with
of it. In support of this claim
the city cites the action of the Legislature
in passing an act giving to chief justice
of Georgia that portion OF the Strand lying
west of jefferson street, and argues that
unless tne CUTdIlu Uhu Dotn d VI uhc
public domain the Legislature could not so
have done.
The bill and answer have been filed in
court for two years, but have never come to
trial The subject has been brought before
the Council a number of times, and it was
intended to urge the case in the court and
have the question settled as soon
as possible, but it never came
to trial, and finally the claimants
made proposition to the Council to cont
promise the matter by withdrawing the
city's claim to the property in consideration
of the sum of 900 to be paid by the
claimants to the city. The Council seemed
to think favorably of the plan, but did not
think the compensation sufficient and re-
piled that it would consent to with
draw the claim and compromise for
$50 600, but the claimants thought that too
much and finally they agreed on $4,000,
the conditions being that the compromise
should be authorized and ratified by the
Legislature, thus giving to the claimants an
undisputed title to the property, and the bill
now pending is the one consented to in the
compromise.
The question of the title to the Strand is
not new, in fact it is more than 100 years
old. It is known that in 1887 the matter
was brought before the General Assembly
and a commission was appointed to inquire
into 1T and report. Whether it did so, or
whether it was unable to obtain any infor
nation on the subject is not known, for
there is no record of report made by that
commission, and no record of any of its
proceedings.